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HomeMy WebLinkAbout43 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, FEBRUARY 28, 2006 - 7:00 P.M. 1. Call to Order Mayor Castro called the meeting to order at 7:04 p.m. 2. Invocation and Pledge of Allegiance Reverend Timothy Shellman, St. Ruth Missionary Baptist Church, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Anne Castro Vice-Mayor: Patricia Flury Commissioners: Bob Anton John Bertino C.K. McElyea City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 Certificates of Appreciation—Mayor Castro Mayor Castro presented Certificates of Appreciation to Zsuzsanna Cole, teacher at the Chaminade-Madonna College Prep School, and her husband Michael Cole for coordinating the house repair, cleaning, and painting project in Dania Beach. Certificates were also presented to Andre Cruz, AJ Hefferman, Annie Cherskov, Frances Bentley, Andy Martinez, Erica Gonsalves, Natalia Lopez, Alfonso Mitchell, Spanky Mitchell, and Gino Mitchell. Mayor Castro thanked former Commissioner Robert Chunn for coordinating the project. 4.2 Dania Beach Tourism Council Request for Funding—Joe Van Eron Joe Van Eron, President of the Dania Beach Tourism Council, provided a literature packet to the Commission. He thanked them for their commitment and involvement in the Tourism Council. He also thanked City Staff for attending many of the tourism events, his partner Marty Venable, and all the residents of Dania Beach for their support. . Mr. Van Eron explained that the tourism logo has been temporarily borrowed from the City's Centennial Logo. The Tourism Development Council was launched in September 2005, and this was an opportunity for the Commission and City staff to make contacts with officials in the tourism industry. He read a letter from Kerri L. Post, Vice President of New Product Development of Visit Florida, encouraging the Commission to consider the funding request of the Dania Beach Tourism Council. Mr. Van Eron provided tourism statistics for the years 2004- 2005. He also read a letter from Nicki Grossman, President of the Greater Fort Lauderdale Convention & Visitors Bureau in support of the efforts of Dania Beach toward becoming part of the growing tourism product. Roger Handevidt, who recently moved to Dania Beach, believes we are on the verge of revitalizing the City and hopes we take Mr. Van Eron's advice on encouraging the tourism industry in the City. Robin Hirsch, business owner and Chairperson of the Chamber of Commerce, announced they have officially partnered with the Dania Beach Tourism Council and support any funding the City might provide. Marty Fleischman, Dania Jai-Alai, commented it is very difficult to create a tourist destination overnight; it takes years, but in Dania Beach magic will happen when the Slot Machines come to Jai-Alai. He hopes they will be the catalyst that drives the return to Dania Beach of the antique district, the marine industry and the beaches. He implored the Commission to help make this a magical City and to count on the support of Dania Jai-Alai. Mr. Van Eron advised the Dania Beach Tourism Council Mission Statement is to establish Dania Beach as a unique tourism destination and develop a tourism base for future economic development. He listed the goals of the Council and requested the continued partnership between the Council and the City. He requested funding of $20,000 to get the website up and running and have some capital to begin the projects. They would like a representative of the Commission on the Council; assistance in securing sponsorships and grants; inclusion in promotional marketing efforts; and an agreement between the City and the Tourism Council. Lisa Young, Dania Heights Civic Association, remarked Mr. Van Eron is the person that can make this happen, and she believes the Commission should support his request for funding. Jimmy Crimminger, 243 SW 15th Street, commented tourism would benefit the citizens of Dania Beach. He encouraged the Commission to consider the funding request. Richard Goldman, 430 Aetna Street, San Francisco, California, visitor to Dania Beach, stated he comes to Dania Beach because he loves the amenities in the City. He supports the Tourism Council request. Vice Mayor Flury asked about the Bed Tax funds. She thinks the City's contribution to the Visitors Bureau is almost one million dollars, and she wants to know if having an organized Tourism Council would help bring back some of that money. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, February 28,2006—7:00 p.m. Mr.Van Eron explained that the Bed Tax money is primarily used to promote tourism and that is what funds the Convention and Visitors Bureau. He advised no municipality receives hard dollars from the Bed Tax; it is returned in the form of advertising. Commissioner Bertino asked City Attorney Ansbro on the possibility of developing our own Tourist Bed Tax to be used within our City. City Attorney Ansbro advised we would need a special act of the Legislature. Mr. Van Eron commented that March is National Tourism Month, and March 13`h will be a whole day dedicated to tourism in Tallahassee. Mayor Castro passed the gavel and motioned to approve the Dania Beach Tourism Council request for $20,000, with the City Manager's review and approval; seconded by Vice- Mayor Flury for discussion. Vice-Mayor Flury agreed with Mayor Castro; she also thought the City had not done much for the tourism industry because we are waiting for something big to come along. She remarked the Pier Restaurant will be opening this summer, the Marina, Jai-Alai casinos, BassPro, DCOTA, we have a lot and it is time to begin some coordinated effort. Commissioner Anton agrees it is a great idea and we need to start moving forward. His biggest concern is that he has not seen any business come forward with funding. He would like to see support from the business community who stand to reap the benefit of the Tourism Council. Mr. Van Eron clarified for Vice-Mayor Flury that the intention is to secure sponsorships from the business community. The goal is to raise an additional $40,000 from the business community to get the Council up and running. Eventually, they would like to be self funded and possibly to receive money through the Website. Commissioner McElyea supports Joe Van Eron, and thinks it is time to spend the funds in the right place with the City Manager's approval. Commissioner Bertino commented we should have started years ago; we gave the Chamber $10,000 which they haven't spent yet. He indicated he would like to see a budget from the Tourism Council. He mentioned there is a lot of advertisement for Fort Lauderdale, but very little about our City, considering the amount of money we contribute to Broward County. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes City Manager Pato asked which Commissioner would sit on the Dania Beach Tourism Council. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, February 28,2006—7:00 p.m. Vice-Mayor Flury asked to wait until the next meeting to make a decision. 4.3 State of the City—Mayor Castro Mayor Castro presented the State of the City Address: Good evening. Many cities provide a State of the City message at this time of the year. Some do so by producing literature that is mailed to the residents, others provide an update during a Commission meeting. I have chosen the latter; I think the timing is important as well. As many of you know, Dania Beach changes Mayors every year. It is my hope that the custom of providing this message of the State of the City each year at this time will provide a sense of continuity from one Commission to the next. First, I have to thank and commend this Commission. Each Commissioner has brought their expertise to the issues brought before us this year, and although we do not always agree, each member has demonstrated respect and courtesy for the other. Each member has added valuable insight that has led to a lively and healthy debate of the issues. In this way, we have been able to provide better decisions, which have undergone rigorous scrutiny and consideration. On a personal note, I was the newest member on the Commission, and they were patient, kind and supportive, and I thank each of them for that. Your City government has accomplished a great deal over the past year. Each and every member of this Commission, supported by a talented and hardworking staff along with direction, advice and input from, the citizen activists, have moved the City forward in a positive and exciting direction. Some of the accomplishments include: 1. Creation of an Enterprise Zone. At today's County Commission meeting, Broward County approved their resolution and inter-local agreement to join the City of Fort Lauderdale, Lauderhill, and Dania Beach in the creation of an Enterprise Zone in each of our respective development areas. This information will be transmitted to Tallahassee and soon the complete application will be approved. The Enterprise Zone will offer tax incentives to business and property owners who complete capital improvements to their businesses and properties as well as provide payroll tax credits for employees hired who also live in the zone. 2. Last week, after months of intense negotiations, we were successful in completing an agreement for a loan to grant for sewer and water lines in the redevelopment area along Dania Beach Boulevard. Over time, this may save Dania Beach taxpayers more than $6 million dollars. 3. We started conducting regular meetings of the Community Redevelopment Agency (CRA). We also held a successful economic and redevelopment event that caused the business community and selected developers to take a look at Dania Beach for new projects. In addition, we signed a historic agreement with the owner/developer of the Dania Beach Hotel to move their project forward. We continue to review the construction plans of the Modello project and hope that construction on this project will Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday, February 28,2006—7:00 p.m. start some time this summer. We are currently working with a team on the Pirates Inn site and hopefully we will have plans before the P&Z Board in March, and before the Commission in April. In addition, we are creating a framework to generate the responsible redevelopment that is consistent with who we are as a City. We are in the process of codifying the redevelopment area, which will provide property owners and developers a guide as to how any parcel can be developed which should spur activity in the downtown area. 4. We started a Tourism Council that includes members from the Chamber, hospitality, pari- mutuels, and the Arts and Antiques District. This group continues to grow and develop a strategy to create a destination that is uniquely Dania Beach in hopes of generating a tourism trade in the future. They have the support of the Greater Fort Lauderdale Broward County Convention and Visitors Bureau, as well as Visit Florida. We also started working with the Arts and Antiques district to rejuvenate the area. 5. We also accomplished many things in the community as well. We helped plan and support several events in honor of Dr. Martin Luther King, Jr. We survived Hurricane Wilma and became known around Broward County as the "Little City that Could!" The hurricane was a very difficult time for many of us, yet we worked together and supported one another at the street, block, and community level. Your City staff worked diligently to restore services to normal and they often went above and beyond the call of duty to make it happen. Speaking of staff, we successfully negotiated new agreements with both the General Employees and Firefighters Unions. Both of these contracts are examples of everyone working in the best interest of the City's residents and the City's future! We also added five additional and much needed deputies for a new zone out west, as was promised during the annexation. This allowed for all of the zones to be readjusted so that every community has improved police presence. There were many programs and opportunities for the children in Dania Beach this year from the Time 4 Kids program to the regular summer park camp. The seniors also had a wonderful year with their fun and information programs, including financial advice, flu shots, and holiday parties. 6. We created the Neighborhood Improvement Advisory Board to collect information during this past year so that they may recommend to the Commission in May how the $2M Neighborhood Improvement Bond should be spent. In the meantime, they have supported three projects that have been deemed necessary to start immediately. These include: ➢ Engineering and permitting of 69 cobra head streetlights in the Playland Estates community where street lighting currently does not exist. This project will use CDBG funds as well as some funds from the Bond. ➢ SW 2 Avenue modification which consists of engineering, design and possible implementation of traffic calming device(s). ➢ Traffic study and possible implementation of traffic calming designs along the SE 2°a Court area. 7. Then there are the capital projects. With the issuance of the General Obligation Bonds, Fire Chief Land and Deputy Fire Chief Cassano will present the resolutions to build the Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, February 28,2006—7:00 p.m. new Fire Station in the western part of the City at tonight's meeting. In addition, Meli Park and C.W. Thomas Park buildings will be replaced or restored. I.T. Parker will have major maintenance performed, which includes new carpet, dance floor, and sound system. The City Hall expansion RFP process is underway and will start in the next several months. The Pier Restaurant is under construction. The upgrades to the Public Services Compound, as well as the major Water Infrastructure Projects are underway. FDOT is planning a median with trees down the middle of Federal Highway, and they plan to repave and resurface Dania Beach Boulevard as well as US 1 over the next few years. The Dania Beach Whiskey Creek Marina will officially be turned over to the City tomorrow,providing another asset to our beach and parks area. 8. Finally, there are several major projects which are much needed and are currently being worked as proposed by your Commission. They include: ➢ Creation of Administrative Variances ➢ Creation of one City-wide Code, as opposed to the three different Codes under which we currently operate. ➢ Implementation with Broward County for a Homestead Exemption Fraud Program. ➢ Work to encourage FDOT to relinquish their Right-of-Way along the US 1 corridor. ➢ Plan and construct a SW Community Center. ➢ 2nd Annual Dania Beach American Cancer Society Relay for Life event. In closing, I would like to take a moment of personal privilege to thank the many that have supported me by•offering me their positive energy, ideas, and hard work! The danger of doing this is that you always miss some people, but I will take the risk, and if I leave any of you out, I ask for your forgiveness in advance. First, I would like to thank the residents and voters of Dania Beach for this opportunity to serve, and I look forward to the next three years as I am probably enjoying this job more than I should. I encourage you to continue providing me feedback, input, and course correction when necessary. Now I would like to thank some super activists including; ➢ Joe Van Eron for working so hard on creating a Tourism Council. ➢ Clare Vickery for working so hard on rejuvenating the Arts and Antiques District, as well as pointing us toward Fort Lauderdale to join their Enterprise Zone application. ➢ Chickie Brandimarte for working so hard on behalf of the seniors. ➢ Bobbie Grace for working so hard on behalf of the men and women of Dania Beach, and I know we all keep her in our prayers as she continues to battle health issues. ➢ Lisa Young for working so hard on so many issues within the City including beautification, Relay for Life, and more. ➢ Sophia Steele for her dedication to children and providing them a safe, quality, hand-up to succeed. ➢ All of the neighborhood and community leaders - Pat Tyra, Kathryn Sadjak, Patty Hart, Jay Field, Rusty McCormick and George Jason. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,February 28, 2006—7:00 p.m. ➢ I want to thank the Chamber and its members for being so welcoming and inviting me to as many of their events as I can attend. ➢ Derrick Hankerson for being brave enough to take on the Neighborhood Improvement Advisory Board and working through its mission. ➢ Rae Sandler for being a good friend and survivor. It's the work of people like you that make all of us look good. I would also like to thank a tremendous City staff that kept me informed, provided me knowledge, and were patient and understanding and always willing to set me straight when necessary or at least they tried! I want to thank the City Manager for his patience, understanding and willingness to follow as well as lead. Again, I would like to thank my fellow Commissioners for their support. Being new, they could have made my time as Mayor difficult, but rather, each and every one put the City's interests first and they were kind and supportive. As Mayor, there are additional time commitments and I want to thank my employer NationsRent, specifically Jim Haid, our CIO, as well as my team members Dean Moore, Phil Tiffany, and Chance Mixon for being flexible and forgiving when the needs arose. I also want to thank my staff, Barbara, Laura, Brian and Anthony for taking up my slack when necessary. I want to thank my mom, my husband Oscar, and my son Jimmy, with whose love and support, everything is possible. As I move from the Mayor seat to a Commissioner seat, I look forward to working hard over the next three years to support the new Mayor and the Commission in an effort to continue the momentum to move our City forward into our next century, while maintaining the quaint and wonderful lifestyle that is uniquely Dania Beach. Thank you all very much. 5. Proclamations 5.1 Sophia Steele Day Mayor Castro read the proclamation for Sophia Steele for her active role in fostering change in the community. Ms. Steele created "Turn-Around Dania Beach", a not for profit organization comprised of over 100 active volunteers that work closely with the Broward Sheriff's Office in their efforts to combat illegal drug activity and prostitution. The program was renamed "Time 4 Kids" which is a partnership between the Broward Sheriff's Office, the City of Dania Beach, the Broward School Board and McDonald's Corporation, to provide at-risk third through fifth grade students from Dania Beach Elementary an opportunity to receive after school tutoring to prepare for the State's FCAT exam. 6. Citizen Comments Madeleine France, shop owner of 9 N. Federal Highway, commented the antique dealers in Dania Beach have dwindled. She noted Federal Highway is dark and dirty. The business owners recently started a new organization called the Antique Dealers Association of Dania Beach. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, February 28,2006—7:00 p.m. Carl Santoro, 226 SE 2"d Street, commented SE 2nd Street is a cut through for people who want to go to Dania Beach Boulevard. He wanted to bring this issue to the Commission's attention and hoped we could work together to get the State and County involved in our traffic problem. He also mentioned that this street is one of the first to flood and causes damage. Vice-Mayor Flury asked City Manager Pato for the recommendation of a traffic study that was done about a year ago, the status of the current traffic study for the NE section, and how far west it goes. City Manager Pato clarified SE 2nd Street was not included in the study. The current traffic study in the NE section is being done by Dania Jai Alai. He will find out what the specific boundaries are, but it covers more than just the NE area. Dominic Orlando, Public Services Director, advised we are currently conducting a traffic study on SE ls` and 2nd Streets to address speeding issues. Commissioner Bertino commented Mr. Santoro is correct, the north part of the SE area is a mess; it should be a residential area. He thinks something should be done now, because it will get worse when Jai Alai opens. Pat Tyra, President of the Estates of Ft. Lauderdale Association, remarked they are concerned about the building permit process in the City. They are experiencing some problems and suggested it would be helpful if the City had fact sheets that described the process for obtaining permits. She also suggested having a meeting in the Building Department during March so the seasonal residents can get their work done before they leave the area again. A second meeting in the evening would be helpful for the residents who live permanently in Dania Beach and who are working. Ms. Tyra added she will be back next month to talk about the lighting issue in their area. 7. Consent Agenda Items removed from Consent Agenda: Vice- Mayor Flury noted that Kurt Ely requested Item #7.5 be continued until the next meeting. 7.1 Minutes: Approve minutes of Regular City Commission meeting of February 14, 2006 7.2 Travel Requests: Travel request of Kristen Jones to attend the Annual Florida Festivals and Events Association Convention and Trade Show in Bonita Springs, Florida, from August 2-4, 2006, for certification purposes. (Estimated cost$839.70) (Remaining account balance $2,940.30) Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday, February 28,2006—7:00 p.m. Travel request of Patricia Varney to attend the Florida Government Finance Officer's Association (FGFOA) Annual Conference in Marco Island, Florida, from June 9-14, 2006, for certification purposes. (Estimated cost $1,274.60) (Remaining account balance $3,667.12) Resolutions 7.3 RESOLUTION#2006-045 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AMENDMENT TO A LEASE AGREEMENT EXISTING BETWEEN THE CITY AND THE FLORIDA EAST COAST RAILWAY, L.L.C. ("FEC"), FOR THE RENEWAL OF THE TERM OF A LEASE OF A SUBSURFACE PORTION OF THE FEC RIGHT-OF-WAY LOCATED BETWEEN NW 3R1 STREET AND NW 3" PLACE FOR CITY USE OF A TEN INCH SEWER MAIN;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2006-036 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT TO BE ENTERED INTO BETWEEN THE CLERK OF COURTS (SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA) AND THE CITY OF DANIA BEACH TO PROVIDE FOR THE ADMINISTRATIVE PROCESSING BY THE CLERK OF COURTS OF PARKING CITATIONS (TICKETS) ISSUED BY THE CITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2006-037 Continued until March 14, 2006 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2001-201 TO REDUCE THE NUMBER OF MEMBERS NEEDED FOR A QUORUM FOR THE PARKS, RECREATION AND COMMUNITY AFFAIRS ADVISORY BOARD FROM SIX (6) MEMBERS TO FIVE (5) MEMBERS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner McElyea motioned to continue Resolution #2006-037 until the City Commission meeting of March 14, 2006 at 7:00 p.m.; seconded by Vice-Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 7.6 RESOLUTION#2006-046 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH DRS ROOFING OF HOLLYWOOD, FLORIDA FOR ROOF REPAIR WORK NECESSARY FOR THE DANIA BEACH WOMEN'S CLUB BUILDING, THE CHLORINE TANK BUILDING, FIRE STATION NO. 1, FIRE HOUSE SHED, MAINTENANCE DEPARTMENT AND PUMP HOUSE, FOR A TOTAL COST NOT TO EXCEED $35,000.00, WITHOUT COMPETITIVE BIDDING OR ADVERTISEMENT FOR BIDDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,February 28, 2006—7:00 p.m. 7.7 RESOLUTION#2006-038 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING RATES FOR RENTAL OF THE FROST PARK FACILITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anton motioned to approve the Consent Agenda, with the exception of Item 47.5; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans 9.1 ORDINANCE #2006-006 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, TO PROVIDE FOR COMPLIANCE WITH FEDERAL LAW CONCERNING EMPLOYEES MOBILIZED FOR MILITARY DUTY; PROVIDING THAT MEMBERS OF THE CURRENT CITY PLAN MAY ATTAIN VESTED STATUS IN THE PLAN UPON COMPLETION OF SIX (6) YEARS OF CREDITED SERVICE; AMENDING THE PLAN TO IDENTIFY THE REQUIREMENTS.APPLICABLE TO NEW GENERAL EMPLOYEES, HIRED ON OR AFTER MARCH 1,2006 AND REQUIREMENTS APPLICABLE TO FUTURE ELECTED OFFICIALS, IN CONNECTION WITH SUCH EMPLOYEES' AND OFFICIALS' MANDATORY PARTICIPATION IN THE FLORIDA RETIREMENT SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFEECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-006. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2006-006, on second reading; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday, February 28,2006—7:00 p.m. • 9.2 ORDINANCE #2006-005 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATING TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM, TO PROVIDE FOR COMPLIANCE WITH MANDATED MINIMUM RETIREMENT BENEFITS FOR POLICE OFFICER PARTICIPANTS REQUIRED BY CHAPTER 185 OF THE FLORIDA STATUTES; PROVIDING THAT THE DEFINITION OF COMPENSATION SHALL MEAN TOTAL REMUNERATION; PROVIDING THAT THE STANDARD RETIREMENT BENEFIT SHALL BE TEN (10) YEARS CERTAIN; PROVIDING FOR A SUPPLEMENTAL RETIREMENT BENEFIT FOR POLICE OFFICER MEMBERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-005. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2006-005, on second reading; seconded by Vice-Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes • City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in all who would speak. He asked the Commission to disclose any communication they had on these matters. 9.3 ORDINANCE #2006-003 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING OF PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF SW 45TH STREET AND SW 30TH AVENUE, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RI-C (SINGLE FAMILY RESIDENTIAL) TO RS-6000 (SINGLE FAMILY RESIDENTIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-003, Resolution #2006-039, Resolution #2006-040, and Resolution #2006-041, because they all pertain to Fire Station #93 and would all be discussed concurrently. Laurence Leeds, Director of Community Development, advised the four items relate to the Fire Station site located on SW 451h Street and SW 30th Avenue. He advised the P&Z Board recommended approval of the requests. Commissioner Bertino is in favor of the construction of a fire station because it is a good thing for the City, but questioned if we were going to turn our Fire Department over to BSO. If this Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,February 28, 2006—7:00 p.m. • was the case, he would leave it to the County to find the proper site to build a fire station and BSO substation. Mayor Castro commented she has no knowledge of transferring the Fire Department over to BSO. She further remarked that tonight we are going to make this decision based on the understanding that it is the Dania Beach Fire Department, and if the firefighters are considering joining the Broward County Fire Department they should step up and tell us before we proceed. Commissioner McElyea mentioned he heard comments that some firefighters want to go to Hollywood, Davie and BSO. He thinks we are better off renting from Hollywood until they make up their minds. Vice-Mayor Flury commented she has not been approached by anyone on this issue, and is certainly not in favor of relinquishing the Fire Department. She thinks it is time to move forward with the Fire Station. Commissioner Anton would need to see the benefit to the City of relinquishing the Fire Department. He added there is no reason not to move forward tonight. Ken Land, Fire Chief, commented those rumors have been circulating ever since he has been in the Fire Department. Some people want to stay, others want to go. There are things the Department needs, but so far everything has been rumors. If the Commission chooses to eliminate the Department, then decisions will need to be made. Mayor Castro commented the rumors are within the Fire Department. Commissioner Bertino concluded by saying he does not support getting rid of the Fire Department. Chief Land advised he will inform the Commission what the Department's needs are, at the March 30th Strategic Budget Meeting. Mike Cassano, Deputy Fire Chief and Project Manager, explained that the City wanted to create a project that would fit well within the community. The residents want the hedge and fence removed leaving the property as open space. Although it would be better financially for the City, there were some concerns about separation of public and private space. The Planning & Zoning Board recommended relocating the parking; moving the hedge closer to the structure; and to remove the fence to be located north and west of the project. He added this is the Department's recommendation as well, and he would like to hear any comments about the project. Mayor Castro opened the Public Hearings for all matters pertaining to Fire Station #93. Jay Field, 4501 SW 301h Way, is concerned because he wants a Linear Park on the property so the public can have access to the Oak Trees. He wants the Site Plan changed to reflect this change. He commented the only use on the property will be the Fire Department, and wants the • property properly soundproofed because the Broward County Aviation Department is still Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,February 28,2006—7:00 p.m. considering an alternative runway. Another problem is the siren and traffic situation. He does not want the road changed to a four lane highway. He added that the most important thing he wants is more park space. Alexandra, 3061 SW 301h Avenue, asked if the Commissioners ever travel on SW 301h Avenue and see the traffic. She commented the Commission does not take care of much; and the Fire Chief does not appear to know much about what is going on in the Department. She commented this will go through haphazardly. She finds it reprehensible that the Commission placed this on the ballot to allow people who do not live in the community to vote on the construction of a Fire Department. She commented the City does not care about the west side of Dania Beach, since there are signs which are still down from the hurricanes. Joe Daly, 4530 SW 301h Way, lives behind the property. He thanked staff for sitting down and talking to them and taking their feelings into consideration. He remarked he does not want a park on the property and supports all the revisions. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public Hearings. Commissioner Anton is concerned that this is public property. He mentioned he has no problem moving the hedge or fence. They need to understand it is public property and people will be walking behind the Fire Station. • Vice-Mayor Flury commented it is a nice plan. She agrees with the changes regarding parking. However, she has a problem with shrubs and fencing and is concerned with moving the shrubs onto the property because we would be giving 20'of City property to individual property owners. The City would still be liable if somebody was injured on City property. City Attorney Ansbro confirmed for Vice-Mayor Flury that the City would not be giving up property. If someone were injured, we could be named in a lawsuit. Vice-Mayor Flury thought that as an Elected Official, she had no right to give away City property. She added that wherever the private property ends is where the fence or landscaping needs to be installed. City Manager Pato mentioned that from a security standpoint the fence needs to be on the property line. You cannot protect or separate properties, visibly, without something definitive in place. Commissioner McElyea agrees with Vice Mayor Flury and thinks that the fence should be on the property line, or a few inches inside the property line. Commissioner Anton does not advocate giving away City property. We would still have the liability if we made a Linear Park. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,February 28,2006—7:00 p.m. Commissioner Bertino thought the placement of a fence did not advocate giving away the property. He does not want to move the fence 20', he would support 2-5' to protect the neighbors from the park. He wants a fence. Deputy Fire Chief Cassano commented the landscape product grows through the chain link fence which would eliminate seeing the fence. It is the Commission's decision as to where the fence is located. Mayor Castro asked Deputy Fire Chief Cassano about entry onto property through the park, as mentioned by Mr. Field. Deputy Fire Chief Cassano was opposed to having an entryway behind the building Additional parking is included in the design should the Commission decide to incorporate a park onto the property. He commented a lot of the trees were damaged during the hurricane and drainage is also bad, so there may not be many trees that would remain alive for a passive park. Vice-Mayor Flury is in favor of a passive park, but she thinks this would have to be a Phase II project, so it can be budgeted. She agrees the fence and hedges could be moved 3-4' from their original location, but at this time we need to stick to the plan. Commissioner Bertino mentioned that instead of a Linear Park, he would prefer a Passive Park with a Tot Lot area. We should move the earth during initial construction to save money even if it is going to be a second phase. He commented there should be lighting on 301h Avenue to allow a clear path for the Fire vehicles to leave the property. Deputy Fire Chief Cassano explained that there would be a signalization device north of the bridge. There are locations throughout the City that are difficult for Fire vehicles to maneuver. Vice-Mayor Flury motioned to adopt Ordinance #2006-003, on second reading; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Laurence Leeds, Director of Community Development, clarified for the Commission that the variance is to waive the fence completely. If the Commission does not want to waive the fence, the Variance Request should be denied until a decision is made. 9.4 RESOLUTION#2006-039 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST FOR THE CITY OF DANIA BEACH MUNICIPAL FIRE STATION NUMBER 93, WHICH WILL BE GENERALLY LOCATED AT THE SOUTHWEST CORNER OF SW 45TH STREET AND SW 30TH AVENUE, DANIA BEACH, FROM CHAPTER 26, "VEGETATION", ARTICLE IV, "LANDSCAPING"; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday, February 28,2006—7:00 p.m. Vice-Mayor Flury motioned to deny Resolution #2006-039; seconded by Commissioner McElyea. The motion carried on the following 3-2 Roll Call vote: Commissioner Anton No Vice-Mayor Flury Yes Commissioner Bertino No Mayor Castro Yes Commissioner McElyea Yes 9.5 RESOLUTION #2006-040 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST FOR PROPERTY GENERALLY LOCATED (FIRE STATION NUMBER 93 AND A BROWARD SHERIFF'S OFFICE SUBSTATION) AT THE SOUTHWEST CORNER OF SW 45TH STREET AND SW 30TH AVENUE DANIA BEACH, FLORIDA IN DANIA BEACH, TO ALLOW AN ESSENTIAL SERVICES USE IN AN RS-6000 (SINGLE FAMILY RESIDENTIAL)ZONING DISTRICT, AS PROVIDED FOR IN CHAPTER 28, "ZONING",ARTICLE 4 "SCHEDULE OF USE REGULATIONS"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anton motioned to adopt Resolution #2006-040; seconded by Vice-Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 9.6 RESOLUTION#2006-041 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST FOR THE CITY OF DANIA BEACH MUNICIPAL FIRE STATION NUMBER 93, WHICH WILL BE GENERALLY LOCATED AT THE SOUTHWEST CORNER OF SW 45TH STREET AND SW 30TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Director of Community Development advised the Commission that now is the time to specify what type of fence and the height. Bob McDonald, Robert McDonald & Associates, Architects for the project, stated it is necessary to move the fence back to allow the hedge to grow through the fence. Commissioner Bertino motioned to adopt Resolution #2006-041, with the condition that a green coated chain link vinyl 6' fence, with hedges on the City side, be installed on the property line; seconded by Vice-Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday, February 28,2006—7:00 p.m. Commissioner Bertino wanted Phase II with a Tot Lot area be included on the Site Plan at this time. Mayor Castro was concerned about adding Phase II to the Site Plan approval, because we do not have a funding mechanism in place. City Manager Pato advised the Commission would have the opportunity to bring the matter up during the upcoming Strategic Budget meeting. City Attorney Ansbro mentioned that the Site Plan could also be amended if the Commission so wished. 9.7 RESOLUTION #2006-042 Revised Resolution A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY PROPERTY OWNER DAVID J. WALLACE, FROM CHAPTER 28, "ZONING", ARTICLE 4, "DISTRICT REGULATIONS", "SCHEDULE OF LOT, YARD AND BULK REGULATIONS" AND CHAPTER 28, "ZONING", ARTICLE 5, "SUPPLEMENTARY LOT REGULATIONS", FOR PROPERTY LOCATED AT 317 NE 2 COURT IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-042. John Bartley, representing the owner, advised he would build a two story single family house that would increase the value of the homes in the neighborhood. David Wallace, property owner, explained all of the lots within this subdivision are non- conforming lots, having less than 75' of width and less than 8,000 square feet of area. There is an existing single family home on the site which will be demolished and replaced with a new one. He thinks the reconstruction of this home will enhance the surrounding area. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Bertino thinks this project will improve the area and is a very positive thing for our City. Commissioner Anton agreed that it would enhance the property value in the area and confirmed with Mr. Wallace that there were no complaints from any of the residents in the neighborhood. Commissioner Bertino motioned to adopt Resolution #2006-042; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 0 Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday, February 28,2006—7:00 p.m. 9.8 RESOLUTION#2006-043 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY RAYMOND SMITH, PRESIDENT, E & S CONSTRUCTION, INC., PROPERTY OWNER, FROM CHAPTER 28, "ZONING", ARTICLE 4, "DISTRICT REGULATIONS", "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY GENERALLY LOCATED SOUTH OF NW 1ST STREET AND EAST OF NW 13T" AVENUE,IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-043. Raymond Smith, President of E & S Construction, Inc. and property owner is looking to build a two-story single family home on a vacant lot. Because the lot is long and shallow, the applicant is requesting a slight variance in front, mainly for the overhang portion of the house. Laurence Leeds, Community Development Director, explained that the lot meets the minimum lot size, but is long and skinny. The area is zoned duplex but the owner wants to construct a single family home. The Planning & Zoning Board recommended approval, and staff recommends the same. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner McElyea motioned to adopt Resolution #2006-043; seconded by rCommissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 9.9 RESOLUTION #2006-044 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY K & P MECHANICAL SOLUTIONS, INC., ON BEHALF OF THE PROPERTY OWNER, J. D. INVESTMENT REALTY, LLC, FROM CHAPTER 28, "ZONING", ARTICLE 6.21 "OFF-STREET PARKING", FOR PROPERTY LOCATED AT 3010 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-044. John Kneiss, President, K. & P. Mechanical Solutions, explained that he bought office space for his business in Dania Beach. He is asking for additional office and storage space for his business. He feels he does not need additional parking. Corinne Church, City Planner, explained that this is a recently constructed warehouse on Ravenswood Road. The applicant is requesting a variance in order to have extra office and storage spaces than allowed by the site plan. She agreed that additional parking was not needed. The applicant has. complied with staff s request by providing a letter of support from the Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,February 28,2006—7:00 p.m. condominium association. The Planning &Zoning Board recommended approval and staff . concurs. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Bertino asked staff if there was any particular law regarding parking spaces for condominium.warehouses. Community Development Director Leeds advised it is not our practice to review condominium documents for industrial warehouses, only for residential. We only need a letter from the association, which we have received. Vice-Mayor Flury motioned to adopt Resolution #2006-044; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 10. Commission Comments r10.1 Commissioner Anton Commissioner Anton congratulated Sophia Steele on receiving the BSO Citizen of the Year Award and added it is very well deserved. Commissioner Anton also congratulated Mayor Castro on successfully obtaining the Loan to Grant program from the County. He explained that this 6.3 million dollar loan will cover approximately 50% of the initial infracstructure costs for redevelopment of the downtown area, which will lower our debt service and will result in a lower tax rate for our residents. He also thanked Community Development Director Leeds and City Manager Pato for their efforts. Commissioner Anton is pleased to see the SeaFair Marina return to us tomorrow. He thinks it is an excellent opportunity for the City to capitalize it. He commended the Marine Advisory Board for their hard work and suggestions made on the Marina issue. He recommended that we hire a consultant for this particular project to provide options for the Marina. He asked City Manager Pato if he had a plan to be implemented. City Manager Pato advised we would continue to run the marina as it is currently operated. He and Vice Mayor Flury have spent time at the marina and others in the area. He further said we are preparing a list of needed improvements to be implemented over the years. Thursday afternoon he will meet with the current employees. One of the first issues to address are some needed repairs. We will bring options forward at the proper time for the Commission to decide Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday, February 28,200.6—7:00 p.m. • how they wish the Marina to be in the future. Discussions on this matter will begin as part of the budget preparation process. Commissioner Anton recommended addressing our safety concerns immediately and remarked we need somebody with some expertise to tell us what we need. 10.2 Commissioner Bertino 4, Commissioner Bertino asked if the Marina would be turned over to us at the end of the lease. City Manager Pato commented we do not have to worry until 2012. FAU does not have a desire to run the Marina, they have a desire to develop a long term working relationship with the City as a partner on future ventures. City Attorney Ansbro advised the City is the owner of the property. FAU will continue with their 99 year lease. He further said that some discussions took place about a year ago where they indicated they would return the Marina to the City at the end of the lease. Commissioner Bertino also commented that FAU receives 20% of the profits that the City makes out of the Marina. He suggested asking FAU to contribute 20% to the cost of the rehabilitation of the facility. City Manager Pato thought he would have difficulty inserting this into the proposal. He cautioned this is not the time to inject irritants with discussions with FAU. We can make a lot of progress and have a good relationship with FAU that will benefit them as well as the City. City Manager Pato clarified that most of the expenses in connection with the Marina are paid for by revenues generated by the Marina and not taxpayers dollars. 10.3 Commissioner McElyea Commissioner McElyea questioned if the parking meters at the beach were operative. City Manager Pato advised some of the parking meters were damaged during the storms and we are waiting for repairs; we also anticipate ordering some new equipment. City Manager Pato confirmed with Parks and Recreation Director Jones that two of the six machines were down. Commissioner McElyea mentioned the Coco Plums planted on Federal Highway are in terrible shape and need to be taken care of. He expressed his concerns regarding various items throughout the City that need attention, such as the "unsafe structure" building on 15th Street; shingles from the roof of an old building on NW loth Street in Melaleuca Gardens that was damaged during the hurricanes, and the sign on 7th Avenue and Old Griffin Road which has been down since the hurricanes. Commissioner McElyea finally inquired about the flag pole behind Fire Station 41 that has no flag since the hurricanes. Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday, February 28,2006—7:00 p.m. Fire Chief Land commented Sprint no longer owns the tower and they have advised the new owner that the flag has been missing since the hurricanes. City Attorney Ansbro explained that the City has been negotiating with somebody who wants to take the tower over and he has objected to the terms of their offer. He asked Chief Land to provide him with the information regarding the new owner of the tower, since Sprint does not have the right to sell it to another company without the consent of the City. 10.4 Vice-Mayor Flury Vice-Mayor Flury commented we were recently notified that the auditors' report would be late because the Firefighter's Pension report will not be ready until the end of April. She thought this was unacceptable since we would soon be starting our budget meetings. We had the same problem last year and something needs to be done about it. Mayor Castro commented that as a Board Member, it has not been discussed at the Police and Fire Pension Board meetings. She mentioned she will bring it up at their next meeting. Patty Varney, Finance Director, advised the Police and Fire Pension Board engages their own auditors. She has no control over that Board. We have had this problem every year; this year they are using Hurricane Wilma as an excuse for an extension in submitting the report. City Attorney Ansbro indicated he would check on the problem and bring back a report. City Manager Pato asked the Commission if they wished him to write a letter to the Chair of the Police and Fire Pension Board, demanding the report be expedited. He thought we need to hold them accountable for holding us up. He will work with the City Attorney and Finance Director Varney on this matter. 10.5 Mayor Castro Mayor Castro encouraged City Manager Pato to contact Mr. Larry Rogers, Chairman of the Police and Fire Pension Board before writing the letter and if necessary put that conversation in writing. City Manager Pato indicated he would prefer to use his own style, if it was okay with the Commission. Mayor Castro commented that hurricane season is approaching and encouraged residents to have their trees trimmed before the storms come. She advised the City will be working with Florida Power & Light to help identify poles and have a program implemented; if we participate, our poles will be fixed first and it could even be before the hurricane season hits. Mayor Castro reminded everyone we are partnering with the Property Appraiser's Office regarding fraud for homestead exemption. She mentioned the problems with bulk trash pickup and suggested residents look at their schedule which should have been mailed to them. They can also check the • City's Web site or call City Hall for information. Lastly, Mayor Castro commented she met with Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday, February 28,2006—7:00 p.m. various Representatives regarding the South Florida Marine Association and the economic impact of the Marine Association in South Florida. She further said that in the Tri-County area the marine industry brings in several billions of dollars into our economy on an annual basis. Mayor Castro thanked Rose Lizana of the Dania Press, for covering the event. The Representatives attending the event asked her several questions about Dania Beach and she thought this was a compliment to the Commission for doing things at the right time in the right direction. 11. Discussion and Possible Action I 11.1 Request by Rilea Group, Inc., for approval of Local Park Impact Fees in lieu of land dedication— Community Development Continued until March 14, 2006 Laurence Leeds; Director of Community Development, advised the applicant requested a continuance until the City Commission meeting of March 14, 2006 at 7:00 p.m. 11.2 Installation of a Buoy System for the Beach—Parks and Recreation City Manager Pato recommended a buoy system as a safety method that works. Our insurance consultants support the recommendation. It will be posted south of the Pier only. Vice-Mayor Flury remarked one interesting aspect of the buoy system is that it keeps small boats and jet skiers from coming into the swimmers area. Commissioner McElyea motioned to approve the installation of a Buoy System for the Beach; seconded by Vice-Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 11.3 Discussion of Overhang options for Frost Park—Parks and Recreation Kristen Jones, Director of Parks and Recreation, asked for direction for the overhang at Frost Park. She received options from several contractors who did not recommend an overhang because it would create a haven for the homeless. They are currently having problems with teenagers, and she fears an enclosure would worsen the situation. Vice Mayor Flury would like to know what is the right thing to do for Frost Park. Director Jones explained the Commission wanted the canopy and that is why she did the research. She clarified she never wanted the canopy, it was Commissioner Bertino who requested it. Minutes of Regular Meeting 21 Dania Beach City Commission Tuesday, February 28,2006—7:00 p.m. Vice-Mayor Flury commented we can't control the problems we have at Frost Park. She thought perhaps we should have a BSO officer there for 72 hours, to see it that would help solve the problem. Commissioner Bertino indicated that if there is a law enforcement problem, BSO needs to take care of it. He wanted an overhang when the building was initially proposed, thinking it would be cheaper to do it during construction than having it added afterwards. A child could be killed by lightning, and we are remiss of our duties. The patio should have never been built without a canopy. Mayor Castro was of the opinion that if it rains, the children should go inside the building or perhaps the parents should take them home. She also prefers the terrace effect on the patio. She liked the suggestion of portable canopies for scheduled events. Commissioner Bertino reiterated the need for a canopy and how important it is to have a cover during the rain storms and in the summer, to get away from the sun. He added parents sometimes leave their children playing and come back for them later. If nothing is done, we are all going to be sorry. Mayor Castro remarked parents should not leave their children and go, because if a child gets hurt, then we will have a liability issue. Vice Mayor Flury thought some type of cover would be nice and suggested covering half the patio. Director Jones commented there are six permanent canopies located in the park. Mayor Castro suggested Director Jones look at options for the canopy idea for half the patio and bring the information back to the Commission. Commissioner Bertino motioned to install a full patio cover; seconded by Commissioner McElyea. The motion was defeated on the following 2-3 Roll Call vote: Commissioner Anton No Vice-Mayor Flury No Commissioner Bertino Yes Mayor Castro No Commissioner McElyea Yes Discussion followed between the Commission, City Manager Pato and Director Jones on the different options and upcoming Frost Park renovations. Mayor Castro would like to look at other options and if they are going to add a second story, covering half or the whole patio, she would like to know the impact on the building at that point and the cost involved. 11.4 Request for approval of the $1,000 donation to Family Central, as recommended by the Human Relations Board—Human Resources Minutes of Regular Meeting 22 Dania Beach City Commission Tuesday, February 28,2006—7:00 p.m. • Mary McDonald, Director of Human Resources and Risk Management, advised the Human Relations Board authorized a $1,000 donation to Family Central from the Bus Bench Revenue. The budget is $11,000 with $10,000 budgeted for the Area Council on Aging; this would expend the remainder of the funds. Vice-Mayor Flury motioned to approve the $1,000 donation to Family Central; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 11.5 Update on Infrastructure Projects—Public Services Dominic Orlando, Director of Public Services, provided a history of the major improvements in the Department, which included, the water plant improvements, the storage tank water distribution pipelines, infiltration and inflow reduction and sanitary sewer lift stations rehabilitation. Fred Bloetscher, Engineering Consultant, explained the funding of the projects. Vice-Mayor Flury mentioned this does not look like the original project list originally provided. Public Services Director Orlando clarified for the Commission that some projects are ahead of schedule and others are behind. Vice-Mayor Flury commented there was a company that did a study for the City to determine funding for this project. She thinks we should bring the company back and do an update. They gave the City a five-year projection for increasing the water rates. The funding mechanism now has changed but the increased water rate schedule is still in place. She would not like to increase the water rates if we don't have to. Public Services Director Orlando explained that construction costs are rising substantially. They project a potential shortfall in the year 2009, and do not foresee a surplus. Patty Varney, Finance Director advised her calculations show that if we get the loan from the County, the $6.3M is equivalent to $211,000 per year. She recommended following Vice-Mayor Flury's suggestion to bring back the same company we used in the past, in about a year or two; bringing them now would be premature, since we are currently implementing the rate increases. City Manager Pato indicated our initial concern was trying to figure out where the market would settle down. He thinks we should stay the course and periodically review the status of the project. We have made commitments with SRF that we would build reserves until 2008 in order to pay off the loan. He thinks it will be premature to disrupt that when the market is so fluid. City Manager Pato further said that at this time we are on target, with the exception of a couple Minutes of Regular Meeting 23 Dania Beach City Commission Tuesday, February 28',2006—7:00 p.m. of areas beyond our control. Commissioner Anton commented if we have $6.3M coming from the County, we would not need SRF funds. Although we understand the situation with increasing costs, he thought this funding should off-set the cost escalation. We have to figure out a system for our water supply. Public Services Director Orlando advised there would be other projects in the immediate future, such as the water main behind JaiAlai, which needs to be upgraded. Commissioner Anton expressed his concerns on the infracstructure delays Director Orlando mentioned. However, there will be some significant development in Dania Beach, promises have been made, and he wants to make sure that none of these delays will interfere with the deadlines that we have in place to have these pipes on the ground. Discussion followed between the Commission and Public Services Director Orlando regarding the original report submitted to the Commission. Commissioner Bertino indicated that Calvin Giordano knows where the lines are in the City. He further noted that, irregardless of the cost, we have to provide water. Public Services Director Orlando reiterated that we are doing everything in our power to move the projects forward. ® 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Pato needed Commission support to make a $25 adjustment to a water bill for Kenneth Butler. It was the consensus of the Commission to direct the City Manager to make the necessary adjustment. City Manager Pato congratulated Sophie Steele and thanked her for being his friend. 13.2 City Attorney City Attorney Ansbro advised that the City Manager received a letter from the Town of Palm Beach who is trying to get together a group of people interested in funding a study to implement a program with Florida Power & Light to move from overhead to underground utilities. The cost will range between $50,000-$150,000, which would be shared, probably based on population, with about 20 other cities. Minutes of Regular Meeting 24 Dania Beach City Commission Tuesday, February 28,2006—7:00 p.m. It was the consensus of the Commission to have City Attorney Ansbro find out more about the program and report back at a later date. 13.3 City Clerk—Reminders Wednesday, March 1, 2006— 5:30 p.m. - CRA Board Meeting Tuesday, March 14, 2006—7:00 p.m. —Regular City Commission Meeting Thursday, March 16, 2006— 6:00 p.m. —Abatement Hearing Tuesday, March 28, 2006—7:00 p.m. —Regular City Commission Meeting Thursday, March 30, 2006— 9:00 a.m. —FY 2006/2007 Budget Strategic Planning Session 14. Adjournment Mayor Castro adjourned the meeting at 10:59 p.m. Cl/TY OF DANIA BEACH ATTESTS ANNE CASTRO MAYOR-COMMISSIONER `LOUISE STILSON, CMC CITY CLERK Approved: March 14, 2006 • Minutes of Regular Meeting 25 Dania Beach City Commission Tuesday, February 28,2006—7:00 p.m.